COEUR d’ALENE — Attorneys for a former Lake City High School teacher accused of lewd conduct with a minor are asking the court to dismiss the charges.

Arguing the evidence does not meet the elements of the crime, and only prejudicial evidence was heard by the grand jury that indicted Jeff Kantola, attorneys want the two felony sexual misconduct charges against the former instructor to be dropped.

Kantola is accused of committing two counts of lewd conduct with a child under 16. The allegations stem from incidents that allegedly occurred in February and March.

In his motion to dismiss the charges, Chief Deputy Public Defender Chris Schwartz argued in a brief that testimony given to the grand jury was purposely skewed, and a police officer withheld favorable evidence.

“The testimony ... intentionally misled the grand jury and withheld crucial exculpatory material,” according to the brief filed in First District Court. “The officer mischaracterized statements by the defendant and withheld information in his possession that was probative to establishing the defendant’s innocence.”

The charges came after Kantola, a former chiropractor, was placed on leave in October by the Coeur d’Alene School District after at least one parent raised concerns that Kantola was barred from being a chiropractor because of sexual allegations. Kantola was hired by the district to teach high school students in Coeur d’Alene without being properly vetted, parents said.

Kantola’s Washington chiropractic license was revoked in 2004 after he admitted to having sexual relationships with a patient and an employee. He failed to seek treatment from a sex therapist as a certification board ordered, and he was not allowed near female patients without a chaperone.

In arguing to dismiss the charges against his client, Schwartz said prosecutors allowed the officer to present inadmissible evidence, “specifically testimony regarding unrelated court proceedings involving the defendant...”

Schwartz called the evidence “highly prejudicial.”

Kantola was issued an Idaho teaching license two years ago after having taught in Tennessee for four years. When he was placed on leave, many school officials including teachers and administrators rallied around him, arguing Kantola was a distinguished teacher and past incidents should not be held against him. Kantola resigned and was paid a $30,000 severance.

First District Judge Rich Christensen will hear the motion to dismiss Kantola’s charges Sept. 19 in Coeur d’Alene.